Montana Attorney General Opinion 16-256

Opinion No. 256. Milk Control Board-Licenses. HELD: Milk Control Licenses is- sued July 1, 1935, are good until July 1, 1936, even though carrying an ex- piration date of January 1, 1936. February 29; 1936. Mr. G. A. Norris Commissioner, Montana Milk Control Board· The Capitol You have submitted three ques- tions: "1. First, are the licenses which were issued on July 1, 1935, and which licenses carried an expiration date of January 1, 1936, still in ef- fect ?" Since the license fee paid covered a period of twelve months, in my opinion the licenses would be in ef- fect for the same period. The Board should have issued a license certifi- cate covering the last six months of 1935, and the first six months of 1936. The certificate itself is merely evi- dence of the license and failure to issue it would not affect the situation of the licensee. "2. Second, if the licenses of those dairymen are in effect for the first six months of 1936, is the Montana Milk Control Board then justified in effecting cancellation of such li- censes for non-compliance with the rules and regulations of the Board within the six months period, be- ginning January 1, 1936?" This question should be answered in the affirmative. The Board may cancel the license for cause as pro- vided by Section 8, Chapter 189, Laws of 1935. "3. Third, if the licenses issued on July 1, 1935, carrying an expiration date of January 1, 1936, are not in effect for any part of the year 1936, due to the expiration date shown on these licenses, then, and in that event, what action is necessary on the part of the Milk Control Board to establish, beyond a question of doubt, the fact that dairymen in this trade area, operating in viola- tion of the rules and regulations of the Board, are so doing without the necessary license, as prescribed by the law creating the Montana Milk Control Board?" In view of our answers to the fore- going questions, no answer to your third question is required.